A Montana judge ruled yesterday in favor of young people who claimed the state violated their right to a “clean and healthful environment” by promoting the use of fossil fuels. Led by 16 children, teens, and young adults, this is the first U.S. youth-led climate trial. The win could reshape climate litigation across the country and inspire a wave of cases aimed at holding governments and fossil fuel companies accountable for their climate impact.
Judge Kathy Seeley of the 1st District Court in Montana issued the decision following a trial in June, where plaintiffs testified about injuries they have suffered as a result of climate change causing extreme weather, exacerbating wildfires, drying up rivers, and worsening health conditions such as asthma. Montana is one of a few states to include environmental rights in its state constitution, a provision added in a 1972 amendment that the state would “maintain and improve a clean and healthful environment in Montana for present and future generations.” Seeley ruled that the state legislature violated this amendment when it revised the Montana Environmental Policy Act to exclude consideration of climate emissions.
“Today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet from the devastating effects of human-caused climate chaos,” said Julia Olson, chief legal counsel and executive director of Our Children’s Trust, which represented the youth in the case. “This is a huge win for Montana, for youth, for democracy, and for our climate. More rulings like this will certainly come.”
BLM scrapping much-anticipated livestock grazing rule
The Bureau of Land Management is discontinuing its year-long effort to update a decades-old livestock grazing rule. Rather than pursuing a new rule, the BLM told E&E News it will focus on managing changes through internal policies and guidance to its field offices. This decision was unexpected, given previous indications that there would be a formal rulemaking in September. Critics of this decision worry that changes will be made without transparency or public input. The BLM statement did not cite a reason for the change in approach.
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